NFA On the Ropes: Silencer Shop Sells First Form 4-Less Suppressors in 92 Years

By • • Leave a Comment • 4 minutes of reading • Gun Control, Law and the Courts, NRA, Silencers
dave metheny brandon herrera silencer shop
Silencer Shop owner Dave Matheny and Brandon Herrera

Did you feel that last night? The Earth moved a little as history was made in Austin, Texas at a little past midnight when two people legally bought suppressors without any National Firearms Act registration or paperwork.

Last week a US District Court Judge ruled that, thanks to the provision of the One Big Beautiful Bill that eliminated the $200 transfer tax, the National Firearms Act provisions that cover suppressors, short-barrel long guns and “any other weapons” was unconstitutional. You can’t have a tax law (that was how the NFA was justified at passage) that doesn’t collect a tax. Judge James Hendrix then put a seven-day stay on his ruling to allow the federal government to appeal the decision to the Fifth Circuit Court of appeals.

While appealing a ruling like this one is usually standard practice for the Department of Justice, there was much speculation that the Trump DOJ…might not. That they would simply let the ruling take effect.

As the days ticked off the calendar toward last night’s expiration of the stay, Gun Owners of America sent a letter to Attorney General Todd Blanche yesterday informing him that if no appeal was filed and no stay issued by the Fifth Circuit, one of the named plaintiffs — Silencer Shop — would transfer suppressors to two individuals at 12:01a last night..

Lo and behold, the deadline came and went without any appeal or request for a stay from the DOJ. And so, last night Silencer Shop sold suppressors to US Congressional candidate Brandon Herrera and Texas State Rep Wes Virdell after they completed 4473 forms as they would when buying any other firearm. No registration, Form 4s or any other NFA requirements were met in the completion of the transactions.

No, the NFA isn’t dead yet, but it’s not doing well. Keep in mind that Judge Hendrix’s ruling applies only to the plaintiffs in the lawsuit (which consolidated two suits, the other being Jensen v. ATF). That includes Silencer Shop, GOA, SAF, the Texas State Rifle Association, the Firearms Regulatory Accountability Coalition, B&T USA, and Palmetto State Armory. Hendrix ruled that all current and future members of orgs like GOA, SAF, and FPC are covered under the ruling.

Also keep in mind that dealers have been given no guidance at all how to deal with this, so if you stroll into your favorite gun store today waving your GOA membership card and expect them to sell you a Form 4-less can, they’ll probably tell you to kick rocks until they get more clarity on how they handle the new landscape logistically. It’s also probably a bad idea to take a hacksaw to your shotgun barrel or slide an MOE stock on your AR pistol buffer tube until much more becomes clear.

Also, there’s nothing to keep the DOJ from asking for a stay or filing an appeal today, though that seems less likely now that they made the conscious decision to let the ruling to into effect.

But for now, this is a very good day. The sun is shining a little brighter this morning. The coffee tastes a little better than it did yesterday. And the long-hated National Firearms Act is one step closer to being tossed on the ash heap of gun-grabbing history.

 

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